Divorce Cannot Be Granted Merely Because One Party Remains Absent; Court Must Assess Evidence Even In Ex Parte Proceedings: Bombay High Court

The Bombay High Court held that a decree of divorce passed merely because one party was absent or failed to file a written statement (ex parte) is unsustainable unless the court independently assesses the petitioner’s evidence and records findings on merits. In a petition under Section 27(1)(d) of the Special Marriage Act, 1954, the husband had filed for divorce citing cruelty while the wife did not respond; the High Court quashed the decree, emphasising the procedural and substantive fairness required in dissolution matters.